![]() In addition to those activities that are considered unfair in all circumstances per se, certain trade practices, such as advertising campaigns, can also be prohibited under the UWG if they are considered unfair due to, for example, their aggressive nature. The UWG sets certain limitations for operators, such as prohibiting advertising directed at minors or promotional pyramid games where a consumer pays a consideration for the opportunity of receiving compensation that is derived from the introduction of new consumers into the gaming scheme. The application of the FM-GWG to gaming is by virtue of a reference in the GSpG. ![]() The Capital Markets Anti-Money Laundering Act ( Finanzmarkt-Geldwäschegesetz, “ FM‑GWG”) was lastly updated on. VLTs, on the other hand, fall under the lottery monopoly and are regulated at the federal level. The key difference is that, unlike sports betting, not all Austrian states allow slot machines outside casinos. Similarly, slot machines operated outside casinos are regulated at the level of the Bundesländer, under local and competent authorities. Sports betting is regulated at the level of the Bundesländer, whereby each state has its own local betting act and a local competent regulatory authority. In order to trigger the licensing requirements under the GSpG, the game must further be played against monetary consideration (pay in) in order to acquire the chance of winning money or money’s worth (pay out) and be organised by an entrepreneur. The federal Gambling Act ( Glücksspielgesetz, “ GSpG”) regulates games of chance and, in particular, applies to lotteries, land-based casinos, online gambling (“electronic lotteries”) and poker (which, despite the ongoing international debate on whether this is a game of skill or a game of chance, is expressly defined as a game of chance in the GSpG), and sets the framework for the regulation of slot machines at the level of the Bundesländer.Īccording to Section 1 GSpG, a game of chance is a game “ in which the decision on the outcome of the game depends solely or predominantly on chance”. ![]() ![]() The Unfair Competition Act ( Bundesgesetz gegen den unlauteren Wettbewerb, “ UWG”), which is based on the EU Unfair Commercial Practices Directive, contains a blacklist of trade practices that are prohibited in all circumstances per se, including in the gambling and betting sector. The E-Commerce Act ( E-Commerce Gesetz) is relevant for the provision of online gambling and betting. The most important set of Austrian laws applicable to all types of gaming and betting activities is the Austrian Civil Code ( Allgemeines Bürgerliches Gesetzbuch). Not expressly regulated depending on the product this may be subject to trade law.ġ.2 Specify: (i) the law and regulation that applies to the Relevant Products in your jurisdiction and (ii) – in broad terms – whether it permits or prohibits the offer of Relevant Products to persons located in your jurisdiction. Skill games and competitions with no element of chance “Social” gaming with no prize in money or money’s worth Sports/horse race betting (if regulated separately to other forms of betting)įantasy betting (payment to back a ‘league’ or ‘portfolio’ selection over a period of time, for example in relation to sport or shares) 1.1 Which entities regulate what type of gambling and social/skill gaming activity in your jurisdiction?Ĭasino gaming (including slots and casino table games such as roulette & blackjack)Īustrian Ministry of Finance ( Bundesministerium für Finanzen, “ BMF”) and the Austrian Tax Office ( Finanzamt Österreich).īMF, competent government authority in Bundesländer, and the Austrian Tax Office.Ĭompetent government authority in the nine Austrian federal states ( Bundesländer).Ĭompetent government authority in Bundesländer.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |